Texas 2017 - 85th 1st C.S.

Texas House Bill HB85 Compare Versions

Only one version of the bill is available at this time.

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1	1	85S10392 JSC-D
2	2	By: Lucio III H.B. No. 85
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing the possession, use, cultivation,
8	8	distribution, transportation, and delivery of medical cannabis for
9	9	medical use by patients with certain debilitating medical
10	10	conditions and the licensing of dispensing organizations and
11	11	cannabis testing facilities; authorizing fees.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 481.062(a), Health and Safety Code, is
14	14	amended to read as follows:
15	15	(a) The following persons may possess a controlled
16	16	substance under this chapter without registering with the Federal
17	17	Drug Enforcement Administration:
18	18	(1) an agent or employee of a manufacturer,
19	19	distributor, analyzer, or dispenser of the controlled substance who
20	20	is registered with the Federal Drug Enforcement Administration and
21	21	acting in the usual course of business or employment;
22	22	(2) a common or contract carrier, a warehouseman, or
23	23	an employee of a carrier or warehouseman whose possession of the
24	24	controlled substance is in the usual course of business or
25	25	employment;
26	26	(3) an ultimate user or a person in possession of the
27	27	controlled substance under a lawful order of a practitioner or in
28	28	lawful possession of the controlled substance if it is listed in
29	29	Schedule V;
30	30	(4) an officer or employee of this state, another
31	31	state, a political subdivision of this state or another state, or
32	32	the United States who is lawfully engaged in the enforcement of a
33	33	law relating to a controlled substance or drug or to a customs law
34	34	and authorized to possess the controlled substance in the discharge
35	35	of the person's official duties;
36	36	(5) if the substance is tetrahydrocannabinol or one of
37	37	its derivatives:
38	38	(A) a Department of State Health Services
39	39	official, a medical school researcher, or a research program
40	40	participant possessing the substance as authorized under
41	41	Subchapter G; or
42	42	(B) a practitioner or an ultimate user possessing
43	43	the substance as a participant in a federally approved therapeutic
44	44	research program that the commissioner has reviewed and found, in
45	45	writing, to contain a medically responsible research protocol; [or]
46	46	(6) a dispensing organization licensed under Chapter
47	47	487 that possesses low-THC cannabis; or
48	48	(7) a dispensing organization or cannabis testing
49	49	facility licensed under Chapter 488 that possesses medical
50	50	cannabis.
51	51	SECTION 2. Sections 481.111(e) and (f), Health and Safety
52	52	Code, are amended to read as follows:
53	53	(e) Sections 481.120, 481.121, 481.122, and 481.125 do not
54	54	apply to a person who engages in the acquisition, possession,
55	55	production, cultivation, delivery, or disposal of a raw material
56	56	used in or by-product created by the production or cultivation of
57	57	low-THC cannabis or medical cannabis if the person:
58	58	(1) for an offense involving possession only of
59	59	marihuana or drug paraphernalia, is a patient for whom low-THC
60	60	cannabis is prescribed under Chapter 169, Occupations Code, or the
61	61	patient's legal guardian, and the person possesses low-THC cannabis
62	62	obtained under a valid prescription from a dispensing organization;
63	63	[or]
64	64	(2) is a director, manager, or employee of a low-THC
65	65	cannabis dispensing organization and the person, solely in
66	66	performing the person's regular duties at the organization,
67	67	acquires, possesses, produces, cultivates, dispenses, or disposes
68	68	of:
69	69	(A) in reasonable quantities, any low-THC
70	70	cannabis or raw materials used in or by-products created by the
71	71	production or cultivation of low-THC cannabis; or
72	72	(B) any drug paraphernalia used in the
73	73	acquisition, possession, production, cultivation, delivery, or
74	74	disposal of low-THC cannabis;
75	75	(3) for an offense involving possession only of
76	76	marihuana or drug paraphernalia, is a patient for whom medical use
77	77	is recommended under Chapter 169A, Occupations Code, and the person
78	78	possesses no more than the allowable amount of medical cannabis, as
79	79	determined under Section 488.002; or
80	80	(4) is a director, manager, or employee of a medical
81	81	cannabis dispensing organization or cannabis testing facility and
82	82	the person, solely in performing the person's regular duties at the
83	83	organization or facility, acquires, possesses, produces,
84	84	cultivates, dispenses, or disposes of:
85	85	(A) in reasonable quantities, any medical
86	86	cannabis or raw materials used in or by-products created by the
87	87	production or cultivation of medical cannabis; or
88	88	(B) any drug paraphernalia used in the
89	89	acquisition, possession, production, cultivation, delivery, or
90	90	disposal of medical cannabis.
91	91	(f) For purposes of Subsection (e):
92	92	(1) "Cannabis testing facility" ["Dispensing
93	93	organization"] has the meaning assigned by Section 488.001
94	94	[487.001].
95	95	(2) "Low-THC cannabis" has the meaning assigned by
96	96	Section 169.001, Occupations Code.
97	97	(3) "Low-THC cannabis dispensing organization" means
98	98	a dispensing organization as defined by Section 487.001.
99	99	(4) "Medical cannabis" and "medical use" have the
100	100	meanings assigned by Section 169A.001, Occupations Code.
101	101	(5) "Medical cannabis dispensing organization" means
102	102	a dispensing organization as defined by Section 488.001.
103	103	SECTION 3. Subtitle C, Title 6, Health and Safety Code, is
104	104	amended by adding Chapter 488 to read as follows:
105	105	CHAPTER 488. USE OF CANNABIS FOR MEDICAL PURPOSES
106	106	SUBCHAPTER A. GENERAL PROVISIONS
107	107	Sec. 488.001. DEFINITIONS. In this chapter:
108	108	(1) "Cannabis testing facility" means an independent
109	109	entity licensed by the department under this chapter to analyze the
110	110	safety and potency of medical cannabis.
111	111	(2) "Debilitating medical condition," "medical
112	112	cannabis," and "medical use" have the meanings assigned by Section
113	113	169A.001, Occupations Code.
114	114	(3) "Department" means the Department of Public
115	115	Safety.
116	116	(4) "Director" means the public safety director of the
117	117	department.
118	118	(5) "Dispensing organization" means an organization
119	119	licensed by the department to cultivate, process, and dispense
120	120	medical cannabis to a patient for whom medical use is recommended
121	121	under Chapter 169A, Occupations Code.
122	122	Sec. 488.002. ALLOWABLE AMOUNT OF MEDICAL CANNABIS. (a)
123	123	The allowable amount of medical cannabis for a person for whom
124	124	medical use is recommended under Chapter 169, Occupations Code, is:
125	125	(1) not more than 2.5 ounces of medical cannabis;
126	126	(2) if applicable, a greater amount specified in
127	127	accordance with department rules by a recommending physician under
128	128	Chapter 169A, Occupations Code, and included with the patient's
129	129	registration on the medical use registry established under Section
130	130	488.054; or
131	131	(3) an amount of oils or products infused with medical
132	132	cannabis such that the quantity of tetrahydrocannabinols and
133	133	cannabidiol in the oil or product does not exceed the quantity of
134	134	those substances contained in the amount of medical cannabis under
135	135	Subdivision (1) or (2), as applicable.
136	136	(b) Oils and products infused with medical cannabis must be
137	137	labeled in accordance with department rules to indicate the
138	138	quantity of tetrahydrocannabinols and cannabidiol contained in the
139	139	oil or product for purposes of determining compliance with this
140	140	section.
141	141	SUBCHAPTER B. DUTIES OF DEPARTMENT
142	142	Sec. 488.051. DUTIES OF DEPARTMENT. The department shall
143	143	administer this chapter.
144	144	Sec. 488.052. RULES. (a) The director shall adopt any
145	145	rules necessary for the administration and enforcement of this
146	146	chapter.
147	147	(b) The director shall adopt rules imposing fees under this
148	148	chapter in amounts sufficient to cover the cost of administering
149	149	this chapter.
150	150	(c) The director shall adopt rules in accordance with
151	151	Section 488.002 governing the allowable amount of medical cannabis
152	152	a physician may recommend for a patient for whom medical use is
153	153	recommended under Chapter 169A, Occupations Code.
154	154	(d) The director by rule shall adopt labeling requirements
155	155	for medical cannabis. In adopting labeling requirements, the
156	156	director shall ensure each oil and product infused with medical
157	157	cannabis is labeled with the quantity of tetrahydrocannabinols and
158	158	cannabidiol contained in the oil or product.
159	159	(e) The director shall adopt rules for analyzing the safety
160	160	and potency of any medical cannabis made available through a
161	161	dispensary.
162	162	(f) The director shall adopt rules requiring a dispensing
163	163	organization to have an adequate supply of medical cannabis to
164	164	compensate for any shortfall by another dispensing organization.
165	165	Sec. 488.053. LICENSING OF DISPENSING ORGANIZATIONS AND
166	166	CANNABIS TESTING FACILITIES; REGISTRATION OF CERTAIN ASSOCIATED
167	167	INDIVIDUALS. (a) The department shall:
168	168	(1) issue or renew a license under Subchapter C to
169	169	operate as:
170	170	(A) a dispensing organization to each applicant
171	171	who satisfies the requirements established under this chapter for
172	172	licensure as a dispensing organization; and
173	173	(B) a cannabis testing facility to each applicant
174	174	who satisfies the requirements established under this chapter for
175	175	licensure as a cannabis testing facility; and
176	176	(2) register directors, managers, and employees under
177	177	Subchapter D of each:
178	178	(A) dispensing organization; and
179	179	(B) cannabis testing facility.
180	180	(b) The department shall enforce compliance of licensees
181	181	and registrants and shall adopt procedures for suspending or
182	182	revoking a license or registration issued under this chapter and
183	183	for renewing a license or registration issued under this chapter.
184	184	Sec. 488.054. MEDICAL USE REGISTRY. (a) The department
185	185	shall establish and maintain a secure online medical use registry
186	186	that contains:
187	187	(1) the name of each physician who registers as the
188	188	physician recommending medical use for a patient under Section
189	189	169A.003, Occupations Code, and the name and date of birth of the
190	190	patient; and
191	191	(2) if applicable, the allowable amount of cannabis
192	192	specified by a recommending physician for the patient under Chapter
193	193	169A, Occupations Code.
194	194	(b) The department shall ensure the registry:
195	195	(1) is designed to prevent more than one physician
196	196	from registering as the physician recommending medical use for a
197	197	single patient;
198	198	(2) is accessible to law enforcement agencies and
199	199	dispensing organizations for the purpose of verifying whether a
200	200	patient is one for whom medical use is recommended under Chapter
201	201	169A, Occupations Code; and
202	202	(3) allows a physician recommending medical use under
203	203	Chapter 169A, Occupations Code, to input safety and efficacy data
204	204	derived from the treatment of patients for whom medical use is
205	205	recommended.
206	206	(c) A patient must be a permanent resident of this state to
207	207	be included in the registry. The department may issue an
208	208	identification card to a patient listed in the registry.
209	209	SUBCHAPTER C. LICENSING OF DISPENSING ORGANIZATIONS AND CANNABIS
210	210	TESTING FACILITIES
211	211	Sec. 488.101. LICENSE REQUIRED. A person may not operate as
212	212	a dispensing organization or a cannabis testing facility without
213	213	the appropriate license issued by the department under this
214	214	subchapter.
215	215	Sec. 488.102. ELIGIBILITY FOR LICENSE TO OPERATE AS
216	216	DISPENSING ORGANIZATION. An applicant for a license to operate as a
217	217	dispensing organization is eligible for the license if:
218	218	(1) as determined by the department, the applicant
219	219	possesses:
220	220	(A) the technical and technological ability to
221	221	cultivate and produce medical cannabis;
222	222	(B) the ability to secure:
223	223	(i) the resources and personnel necessary
224	224	to operate as a dispensing organization; and
225	225	(ii) premises reasonably located to allow
226	226	patients listed on the medical use registry access to the
227	227	organization through existing infrastructure;
228	228	(C) the ability to maintain accountability for
229	229	the raw materials, the finished product, and any by-products used
230	230	or produced in the cultivation or production of medical cannabis to
231	231	prevent unlawful access to or unlawful diversion or possession of
232	232	those materials, products, or by-products; and
233	233	(D) the financial ability to maintain operations
234	234	for not less than two years from the date of application;
235	235	(2) each director, manager, or employee of the
236	236	applicant is registered under Subchapter D; and
237	237	(3) the applicant satisfies any additional criteria
238	238	determined by the director to be necessary to safely implement this
239	239	chapter.
240	240	Sec. 488.1021. ELIGIBILITY FOR LICENSE TO OPERATE AS
241	241	CANNABIS TESTING FACILITY. An applicant for a license to operate as
242	242	a cannabis testing facility is eligible for the license if:
243	243	(1) as determined by the department, the applicant
244	244	possesses:
245	245	(A) the ability to secure the resources and
246	246	personnel necessary to operate as a cannabis testing facility; and
247	247	(B) the financial ability to maintain operations
248	248	for not less than two years from the date of application;
249	249	(2) each director, manager, or employee of the
250	250	applicant is registered under Subchapter D; and
251	251	(3) the applicant satisfies any additional criteria
252	252	determined by the director to be necessary for the operation of a
253	253	cannabis testing facility.
254	254	Sec. 488.103. APPLICATION. (a) A person may apply for an
255	255	initial or renewal license under this subchapter by submitting a
256	256	form prescribed by the department along with the application fee in
257	257	an amount set by the director.
258	258	(b) The application must include the name and address of the
259	259	applicant, the name and address of each of the applicant's
260	260	directors, managers, and employees, and any other information
261	261	considered necessary by the department to determine the applicant's
262	262	eligibility for the license.
263	263	Sec. 488.104. ISSUANCE, RENEWAL, OR DENIAL OF LICENSE.
264	264	(a) The department shall issue or renew a license under this
265	265	subchapter only if:
266	266	(1) the department determines the applicant meets the
267	267	eligibility requirements described by Section 488.102 or 488.1021,
268	268	as applicable; and
269	269	(2) issuance or renewal of the license is necessary to
270	270	ensure reasonable statewide access to, and the availability of,
271	271	medical cannabis for patients registered in the medical use
272	272	registry and for whom medical cannabis is recommended under Chapter
273	273	169A, Occupations Code.
274	274	(b) If the department denies the issuance or renewal of a
275	275	license under Subsection (a), the applicant is entitled to a
276	276	hearing. The department shall give written notice of the grounds
277	277	for denial to the applicant at least 30 days before the date of the
278	278	hearing.
279	279	(c) A license issued or renewed under this section expires
280	280	on the second anniversary of the date of issuance or renewal, as
281	281	applicable.
282	282	Sec. 488.105. CRIMINAL HISTORY BACKGROUND CHECK. (a) An
283	283	applicant for the issuance or renewal of a license under this
284	284	subchapter shall provide the department with the applicant's name
285	285	and the name of each of the applicant's directors, managers, and
286	286	employees.
287	287	(b) Before a license holder under this subchapter hires a
288	288	manager or employee for the organization or facility, the license
289	289	holder must provide the department with the name of the prospective
290	290	manager or employee. The license holder may not transfer the
291	291	license to another person before that prospective applicant and the
292	292	applicant's directors, managers, and employees pass a criminal
293	293	history background check and are registered as required by
294	294	Subchapter D.
295	295	(c) The department shall conduct a criminal history
296	296	background check on each individual whose name is provided to the
297	297	department under Subsection (a) or (b). The director by rule shall:
298	298	(1) determine the manner by which an individual is
299	299	required to submit a complete set of fingerprints to the department
300	300	for purposes of a criminal history background check under this
301	301	section; and
302	302	(2) establish criteria for determining whether an
303	303	individual passes the criminal history background check for the
304	304	purposes of this section.
305	305	(d) After conducting a criminal history background check
306	306	under this section, the department shall notify the relevant
307	307	applicant or organization or facility and the individual who is the
308	308	subject of the criminal history background check as to whether the
309	309	individual passed the criminal history background check.
310	310	Sec. 488.106. DUTY TO MAINTAIN ELIGIBILITY. Each license
311	311	holder under this subchapter must maintain compliance at all times
312	312	with the eligibility requirements described by Section 488.102 or
313	313	488.1021, as applicable.
314	314	Sec. 488.107. DUTIES RELATING TO DISPENSING MEDICAL
315	315	CANNABIS. (a) Before dispensing medical cannabis to a person for
316	316	whom medical use is recommended under Chapter 169A, Occupations
317	317	Code, the dispensing organization must verify that the person is
318	318	listed as a patient in the medical use registry.
319	319	(b) After dispensing medical cannabis to a patient for whom
320	320	medical use is recommended under Chapter 169A, Occupations Code,
321	321	the dispensing organization shall record in the medical use
322	322	registry the form and quantity of the medical cannabis dispensed
323	323	and the date and time of dispensation.
324	324	Sec. 488.108. LICENSE SUSPENSION OR REVOCATION. (a) The
325	325	department may at any time suspend or revoke a license issued under
326	326	this subchapter if the department determines that the license
327	327	holder has not maintained the eligibility requirements described by
328	328	Section 488.102 or 488.1021, as applicable, or has failed to comply
329	329	with a duty imposed under this chapter.
330	330	(b) The director shall give written notice to the license
331	331	holder of a license suspension or revocation under this section and
332	332	the grounds for the suspension or revocation. The notice must be
333	333	sent by certified mail, return receipt requested.
334	334	(c) After suspending or revoking a license issued under this
335	335	subchapter, the director may seize or place under seal all medical
336	336	cannabis and drug paraphernalia owned or possessed by the
337	337	dispensing organization or cannabis testing facility. If the
338	338	director orders the revocation of the license, a disposition may
339	339	not be made of the seized or sealed medical cannabis or drug
340	340	paraphernalia until the time for administrative appeal of the order
341	341	has elapsed or until all appeals have been concluded. When a
342	342	revocation order becomes final, all medical cannabis and drug
343	343	paraphernalia may be forfeited to the state as provided under
344	344	Subchapter E, Chapter 481.
345	345	(d) Chapter 2001, Government Code, applies to a proceeding
346	346	under this section.
347	347	SUBCHAPTER D. REGISTRATION OF CERTAIN INDIVIDUALS
348	348	Sec. 488.151. REGISTRATION REQUIRED. (a) An individual who
349	349	is a director, manager, or employee of a dispensing organization
350	350	must apply for and obtain a registration under this section.
351	351	(a-1) An individual who is a director, manager, or employee
352	352	of a cannabis testing facility must apply for and obtain a
353	353	registration under this section.
354	354	(b) An applicant for a registration under this section must:
355	355	(1) be at least 18 years of age;
356	356	(2) submit a complete set of fingerprints to the
357	357	department in the manner required by department rule; and
358	358	(3) pass a fingerprint-based criminal history
359	359	background check as required by Section 488.105.
360	360	(c) A registration expires on the second anniversary of the
361	361	date of the registration's issuance, unless suspended or revoked
362	362	under rules adopted under this chapter.
363	363	SUBCHAPTER E. DUTIES OF COUNTIES AND MUNICIPALITIES
364	364	Sec. 488.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT
365	365	MEDICAL CANNABIS. A municipality, county, or other political
366	366	subdivision may not enact, adopt, or enforce a rule, ordinance,
367	367	order, resolution, or other regulation that prohibits the
368	368	cultivation, production, dispensing, testing, or possession of
369	369	medical cannabis, as authorized by this chapter.
370	370	SECTION 4. Subtitle B, Title 3, Occupations Code, is
371	371	amended by adding Chapter 169A to read as follows:
372	372	CHAPTER 169A. AUTHORITY TO RECOMMEND MEDICAL CANNABIS TO CERTAIN
373	373	PATIENTS WITH DEBILITATING MEDICAL CONDITIONS
374	374	Sec. 169A.001. DEFINITIONS. In this chapter:
375	375	(1) "Debilitating medical condition" means terminal
376	376	cancer, multiple sclerosis, autism, or Parkinson's disease.
377	377	(2) "Department" means the Department of Public
378	378	Safety.
379	379	(3) "Medical cannabis" means the plant Cannabis sativa
380	380	L., and any part of that plant or any compound, manufacture, salt,
381	381	derivative, mixture, preparation, resin, or oil of that plant.
382	382	(4) "Medical use" means the ingestion by a means of
383	383	administration other than by smoking of a recommended amount of
384	384	medical cannabis by a person for whom medical use is recommended
385	385	under this chapter.
386	386	(5) "Smoking" means burning or igniting a substance
387	387	and inhaling the smoke.
388	388	Sec. 169A.002. RECOMMENDATION OF MEDICAL USE. (a) A
389	389	physician may recommend medical use in accordance with this chapter
390	390	for a patient with a debilitating medical condition.
391	391	(b) A physician who recommends medical use for a patient
392	392	must:
393	393	(1) comply with the registration requirements of
394	394	Section 169A.003; and
395	395	(2) certify to the department that:
396	396	(A) the patient is diagnosed with a debilitating
397	397	medical condition; and
398	398	(B) the physician has determined that the risk of
399	399	medical use by the patient is reasonable in light of the potential
400	400	benefit for the patient.
401	401	Sec. 169A.003. RECOMMENDING PHYSICIAN REGISTRATION.
402	402	Before a physician may recommend medical use for a patient under
403	403	this chapter, the physician must register as the recommending
404	404	physician for that patient in the medical use registry maintained
405	405	by the department under Section 488.054, Health and Safety
406	406	Code. The physician's registration must indicate:
407	407	(1) the physician's name;
408	408	(2) the patient's name and date of birth; and
409	409	(3) the allowable amount of medical cannabis
410	410	recommended for the patient, if the physician recommends an
411	411	allowable amount greater than the amount provided by Section
412	412	488.002(a)(1), Health and Safety Code.
413	413	Sec. 169A.004. PATIENT TREATMENT PLAN. A physician who
414	414	recommends medical use for a patient under this chapter must
415	415	maintain a patient treatment plan that indicates:
416	416	(1) a plan for monitoring the patient's symptoms; and
417	417	(2) a plan for monitoring indicators of tolerance or
418	418	reaction to medical cannabis.
419	419	SECTION 5. Section 551.004, Occupations Code, is amended by
420	420	amending Subsection (a) and adding Subsection (a-1) to read as
421	421	follows:
422	422	(a) This subtitle does not apply to:
423	423	(1) a practitioner licensed by the appropriate state
424	424	board who supplies a patient of the practitioner with a drug in a
425	425	manner authorized by state or federal law and who does not operate a
426	426	pharmacy for the retailing of prescription drugs;
427	427	(2) a member of the faculty of a college of pharmacy
428	428	recognized by the board who is a pharmacist and who performs the
429	429	pharmacist's services only for the benefit of the college;
430	430	(3) a person who procures prescription drugs for
431	431	lawful research, teaching, or testing and not for resale;
432	432	(4) a home and community support services agency that
433	433	possesses a dangerous drug as authorized by Section 142.0061,
434	434	142.0062, or 142.0063, Health and Safety Code; [or]
435	435	(5) a low-THC cannabis dispensing organization[, as
436	436	defined by Section 487.001, Health and Safety Code,] that
437	437	cultivates, processes, and dispenses low-THC cannabis, as
438	438	authorized by a license issued under Subchapter C, Chapter 487,
439	439	Health and Safety Code, to a patient listed in the
440	440	compassionate-use registry established under that chapter;
441	441	(6) a medical cannabis dispensing organization that
442	442	cultivates, processes, and dispenses medical cannabis, as
443	443	authorized by a license issued under Subchapter C, Chapter 488,
444	444	Health and Safety Code, to a patient listed in the medical use
445	445	registry established under that chapter; or
446	446	(7) a cannabis testing facility that analyzes the
447	447	safety and potency of medical cannabis, as authorized by a license
448	448	issued under Subchapter C, Chapter 488, Health and Safety Code.
449	449	(a-1) For purposes of Subsections (a)(5), (6), and (7):
450	450	(1) "Cannabis testing facility" has the meaning
451	451	assigned by Section 488.001, Health and Safety Code.
452	452	(2) "Low-THC cannabis dispensing organization" means
453	453	a dispensing organization as defined by Section 487.001, Health and
454	454	Safety Code.
455	455	(3) "Medical cannabis dispensing organization" means
456	456	a dispensing organization as defined by Section 488.001, Health and
457	457	Safety Code.
458	458	SECTION 6. Not later than January 1, 2018, the public safety
459	459	director of the Department of Public Safety shall adopt rules as
460	460	required to implement, administer, and enforce Chapter 488, Health
461	461	and Safety Code, as added by this Act, including rules to establish
462	462	the medical use registry required by that chapter.
463	463	SECTION 7. This Act takes effect immediately if it receives
464	464	a vote of two-thirds of all the members elected to each house, as
465	465	provided by Section 39, Article III, Texas Constitution. If this
466	466	Act does not receive the vote necessary for immediate effect, this
467	467	Act takes effect on the 91st day after the last day of the
468	468	legislative session.